Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-12-08

the companies. guarding AMI proinoIlns -. .ss
interests OF the settlers Also was 10 pernil me
uublic to enter into competition win "i- 80 49,
NAMES in the selection of lands neretoiore WILL
drawn for indemnity purposes.
Accordingly on May S3. 1875. Win jour a.
,,yovaI ruyes were laid upon the oinercnt eoiii-
panles for whose benefit Withdrawals nao pee.
made to show cause by a certain Cay WY 49, !.
Withdrawals should not be revoked s>oins VI
the conpanie, failed to show cause, otners nieo
ansvers asserting 10 the revocatlons rs they
had received satisfaction OF tho grant ei.her IN
full or as far possible, others assenIeo on co,
dition that lands covered by selecnons aireGoJ
made should be excepted from the oroer OF re-
vocation and other companies objected TO the
order of re yocaton as Illegal and Violation OF
chartered rights. Briefs were nled ana oral
arguments accorded to the counsel OF sucn COLI
raries as desired to be heard eli or wiiicn
were fully and carefully considered as was Que
to the importance OF the questions ana the
rnoorftrde of the interests involved; and
on August Ii, 1887, my views were luny
expressed in a decision rendered IN tns
case of The Atlantic & Pacific Railroad Com
pany which. by answer and argument ralseo
nearly all the objections that were presented
il part ONLY by number OF other companies
I send herewith copy Of the whole text OF tnat
opinion. in which these oA1ecnons were
answered seratim Two days later the orders
withdrawing the lands within the indemnify
limits and reese wing the same from settlement
were revoked and the lands restored to the
public domain and TO settlement first N the
cases OF the two companies which had not
answered second i'll those which answering,
assented: the third. in the cases OF the com
paI,ies which set up defenses coming ": hin the
rulings in the foregoing opinion.
In the Congressional grants TO the following
railroad companies, The Hastings Dakota. the
ST Paul & Northern Pacific, the St. Paul. Min
neapolis & Manitoba the St Paul & Sioux City,
the Sioux City & ST. Pau and the Winona & St.
Peter it is provided that upon filing the maps
designating the routes OF said roads and
branches it shall be the duty OF the Secretary
OF the Interior to withdraw from market the
lands embraced within the provisions OF the act
making the grant.
In consequence Of this provision these roads
were omitted from the orders OF restoration 1t
will be seen from the order pa sed in the At
lantic 6 Pacific case, and which was applied to
the other companies, mutatis mutandiS, that
whilst il was determined that the
lands in question should not longer be
withheld from appropriation under the settle
ment laws ever precaution possible was taken
to protect the legal rights OF the corporations.
Following this action, instructions were subse-
quently issued to the Commissioner OF the Cen
eral Land ONCE to detail all the available force
III his o-rice to the work OF adjusting the road
grants and proceeding rapidly as possible
with the same The amount OF land resto ed to
the public domain, through orders revoliing the
indemnity Withdrawals, is stated by the Com
missioner of the General Land ONCE to be FL
3s3. Coz acres
beg to refer to what has been said. in an
other part OF this report. in rela ion 10 the i'm
perative necessity OF appropriations for the sur
veys, without which u compete adjustment of
these railroad grants is not practicable at AN
earlV day.